https://www.taxtmi.com/caselaws?id=436856 Section 9A of the Code of Civil Procedure permits only a threshold inquiry into the court's inherent jurisdiction to entertain the suit; it does not extend to disputed questions of limitation or benami that are mixed questions of law and fact and require evidence. The Bombay High Court held that such objections could not be decided as preliminary issues on the pleadings alone. It also held that consent at the stage of framing issues did not waive the appellant's legal objection or confer jurisdiction, and there can be no estoppel against law. The order dismissing the suit on preliminary issues was set aside and the suit restored for fresh consideration. en-us Tue, 18 Apr 2023 00:00:00 +0530 Sat, 22 Apr 2023 10:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=436856 Section 9A of the Code of Civil Procedure permits only a threshold inquiry into the court's inherent jurisdiction to entertain the suit; it does not extend to disputed questions of limitation or benami that are mixed questions of law and fact and require evidence. The Bombay High Court held that such objections could not be decided as preliminary issues on the pleadings alone. It also held that consent at the stage of framing issues did not waive the appellant's legal objection or confer jurisdiction, and there can be no estoppel against law. The order dismissing the suit on preliminary issues was set aside and the suit restored for fresh consideration. Case-Laws Benami Property Tue, 18 Apr 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=436856